Divorce attorneys all want to help every client or potential client meet their legal objective, which may range from a certain distribution of assets to specifics of custody. However, unlike most areas of law every seasoned family law attorney or judge will tell you emotion fuels divorce and a litigant often is in the best of time (freedom) and the worst of times (lower economic standard with two households) at the same time. Most litigants want to waive the white or checkered flag and have the divorce behind them. However, a small percentage of cases are “white” hot, meaning the case—maybe your ...
May 14, 2015Adam Hayes
As we become a global economy and airlines link the remotest parts of the world within a day, international child abduction by a parent has become easier, more common, and problem in need of law-making. For this reason, about 25 years ago the Hague Convention on the Civil Aspects of International Child Abduction was proposed, signed by many nations and ultimately ratified (over a long time).1 In the event you are in this situation or concerned about it, the blog is written for you. It highlights the key aspects of international abduction of children by a parent. The first place to ...
March 5, 2015CD
Due to the size of the State of Indiana, Hoosiers are fortunate to have wide access to a pool of quality attorneys, dedicated judiciary, and a stable body of law. That said, the notion of the “family or personal” attorney has largely gone by the wayside with the complexity in law as we wrestle with technology driven world. With this said, there are three key things to think about when you hire an attorney. The first is defining your legal need or objective. This may sound basic, but a car under the “Lemmon Law” may take an attorney who focuses his ...
February 10, 2015CD
In Indiana, like many other states, marriage and divorce rates are about equal. The differences are stark; marriage is generally a happy time where couples look forward to growing old together, having a family, and doing things that over time will weave most all aspects of life together. Divorce, on the other hand, involves untangling assets and liabilities and often children, things that are not really divisible. If your case does not settle along the way1, the day will come that a final hearing becomes a reality in your case.2 There are three ways you can make the most of it ...
January 22, 2015CD
Generally, in civil and criminal cases, you can appeal a final order of the court within thirty (30) days by filing a notice of appeal with the court of appeals, and filing proper service upon certain persons. The Notice of Appeal starts the appellate process. In criminal cases, you can appeal generally two (2) things, the conviction itself, or the sentence, or both. There are many nuances of criminal law and procedure that would lend itself to an argument to appeal either or both a conviction and a sentence. However, if you are convicted of a crime, but believe the conviction ...
December 23, 2014CD
If you drive a car, truck, motorcycle or other vehicle on the roadways, chances are that even the safest driver will find themselves involved in a fender bender once or twice. Accidents can range from minor scratches and dings on your vehicle, to fatalities. Hopefully you never find yourself in this situation, but if you do, here are some key Do’s and Don’ts . DO take pictures at the scene. Most of us have cell phones with cameras, and these can be useful tools later should you find yourself in court or fighting an insurance company to pay out. DON’T admit fault. ...
December 2, 2014CD
If you are unhappy with the property division as ordered by a court, you can and should seek an appeal. If the division does not follow the law, or the evidence before the court, you have only two options, with limited time, to correct the erroneous decision. Unlike child support and child custody issues, a property division order by a court is not modifiable. In other words, a property division is a final order. (It is important to keep in mind that if you reach a settlement agreement, either through negotiations directly with your spouse, between your and your spouse’s attorney, ...
November 11, 2014CD
As has been noted in previous blogs, law may not always work in real time or move as quickly as one or both parties may like. Often, there are deadlines and pieces that must fit together before a matter can be finalized. This can take some time. In divorce cases specifically, there are several reasons it may take longer or be continued. First, there is a required cooling off period of 60 days, and until that time is reached, the divorce cannot be finalized. Next, there may be a GAL or custody evaluator involved. Both of these providers interview the parties ...
October 2, 2014CD
When you are injured in a collision or other unfortunate encounter with another object or vehicle, there are steps you can take to assist your counsel in your case. The following article summarizes the three most critical things you can do to capture the evidence for your case. # 1 Get medical treatment right away. Delaying medical treatment may create issues later on in linking the cause of the injury with the injury suffered. Along with seeking medical treatment, be compliant in following the doctor’s orders to help restore you to your prior physical health, if at all possible. #2 Keep a ...
April 22, 2014CD
Sex, lies and scandalous videos of celebrities fill the daily tabloid magazines and go viral on the internet. But what about you? You are not a celebrity, why does what you do in your personal life matter? Sex, lies, and scandalous videos can be very damaging to you if you find yourself embroiled in a hotly contested divorce, custody, or paternity case. Almost everyone has something “private” and often times you think you are sharing something personal with someone you are involved in a trusting relationship with. However, when the gloves come off, these types of private occurrence come to light ...
April 8, 2014CD